under:
―64. Consequences of rescission of voidable contract.--When
a person at whose option a contract is voidable rescinds it, the
other party thereto need ... Section 18 supra of the Contract Act , for it to constitute a ground for
making a contract voidable.
23. The field of pre-contract misrepresentation
having been caused by misrepresentation, is
not a contract, specific performance whereof can be obtained; (e) a
CS(COMM) Nos.1314/2016 & 45/2017 ... contract itself provides
for extension of time, the same cannot be the essence of the contract
and default does not make the contract voidable
coercion, fraud, misrepresentation
or by undue influence, the agreement is a contract voidable at the option
of the party whose consent was so caused ... supra) of the Contract Act making documents, consent whereto is caused
by coercion, fraud or misrepresentation or by undue influence voidable at the
option
circumstances.
8. Section 21 of the Indian Contract Act, 1872 provides that a contract is
not voidable because it was caused by a mistake ... parties to the contract to void the contract. Else, a contract is
voidable/void when consent thereto is caused by coercion, fraud or
misrepresentation (under
that a consent decree is composed of, both, a command and a contract; (iv)
that by passing a decree in terms of a consent order ... OnLine Del 473 held,
(a) that under Section 21 of the Indian Contract Act, 1872, a contract is not
voidable because it was caused
court in any of the
following cases, namely:--
(a) where the contract is voidable or terminable by the
plaintiff;
(b) where the contract is unlawful ... stood when the contract was made;
(c) Where the contract is of such a nature that it is not
severable and a part thereof
invited to
Section 22 of the Indian Contract Act, 1872 which provides that a contract is
not voidable merely because it was caused ... than a plea of fraud.
Mistake of fact under which one of the parties entered into a contract, does
not make the contract voidable
transaction; (iii) that though a contract or other transaction
induced or tainted by fraud is not void, but voidable at the option of the party ... available to a person
whose mistake was really a mistake as to the legal effect of a document;
there must be a radical or fundamental
mode prescribed under the Transfer of
Property Act , being but a contract, is void / voidable and can be declared so
on the grounds permitted under ... Section 19A of the Contract Act makes a contract, the
consent of a party whereto is caused by undue influence, voidable at the
option
court as to the compromise
being lawful includes a satisfaction that the compromise is not a result of undue
influence, fraud, coercion etc. The Explanation ... amendment of 1976
clarifies that a compromise which is void or voidable under the Contract Act shall not be
deemed to be lawful within
